Backup Documents 07/28/2009 Item #16G 2
1662
rAYSHORE
" GATEW Y
Ie-A. TRIANGLE
11m El .,X6~
July 29,2009
CRA Board
Commissioner RE: July 28, 2009 Agenda Item 16G2
James N. Coletta
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Commissioner Recommendation for the Board of Collier County Commissioners acting as the
Fred W. Coyle
Commissioner governing body of the Bayshore Beautification Municipal Services Taxing Unit
Donna Fiala (MSTU) to approve an Agreement with Florida Power and Light (FP&L) for the
Chairman installation and service of lights on sixty eight (68) existing power poles located
Commissioner on side roads lying east and west of the Bayshore Drive corridor; authorize the
Frank Halas BCC chairman to execute the Agreement on behalf of the Board; approve and
Commissioner authorize the CRA Executive Director (Administrator of activities of the MSTU)
Tom Henning
to make payment from MSTU Fund 163 for the costs or associated monthly fees.
Advisory (Fiscal Impact $89,760.00 over 10 years).
Board
Chairman Attached is:
Lindsey Thomas
Vice-Chair FP&L agreement requiring the signature ofBCC Chairman, Donna Fiala.
Jill Barry
Karen Beatty PI~.,provide BCC Chairman, Donna Fiala's signature on page two (2)
Ron Fowle an4page three (3) of the agreement. Contact Jean Jourdan at 643-1115
Chuck Gunther for pick up.
Maurice
Gutierrez
Steve Main Thank you. --..
William Mears
Bruce Preble Jean Jourdan
Project Manager
CRA Staff Bayshore/Gateway Triangle
CRA
David L. Jackson Phone 643-1115
Executive
Director
Jean Jourdan
Project Manager
Sue Trone
Operations
Analyst
Shirley Garcia
Operations
Coordinator
2740 Bayshore Drive. Unit 17. Naples, Florida 34112
P: (239) 643-1115 . F: (239) 775-4456
www.colliercra.com
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1. F, G 2"
F=PL
FPL Account Number: _
FPL Work Order Number: ~
STREET LIGHTING AGREEMENT
In 8CCOItIanoe with the following tenns and CXlnditions, The Board of Collier Countv Commissioners actIna as the aovemina body of the
Bavshore Beautlftcallon MunlclDIII Services Taxina Unit iMSTU). (hereinafter called the Customer), requests
on this a day of ~, ~ , from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL). a CXlrporation organized and existing under the
laws of the State of Florida, the following installation or modification of street lighting facilities at (general boundaries) side streets of Bavshont Dr,
located in NaDIesICoIIIer, Florida.
(city/county)
(a) Installation and/or removal of FPL-owned facilities desaibed as follows:
Liahts Installed Liahts Removed
Fixture Rating Fixture Type # Installed Fixture Rating FlXlure Type # Removed
(in Lumens) (in Lumensl
16,000 COBRA CUT OFF 68
Poles Installed Poles Removed Conductors Installed Conductors Removed
Pole Type # Installed Pole Type # Removed
I ~ II ~ I Feet not Under Paving Feet not Under Paving
Feet Under Paving Feet Under Paving
(b) Modification to existing facilities other than described above (explain fully):_
That, for and in consideration of the CXlvenants set forth herein. the parties hereto covenant and agree as follows:
FPL AGREES:
,. To install or modify the street lighting facilities desaibed and identified above (hereinafter called the Street Lighting System), fumish to the
Customer the electric energy necessalY for the operation of the Street Lighting System, and fumish such other services as are specified in this
Agreement, all in accordanoe with the terms of FPL's currently effectiye street lighting rate schedule on file at the Florida Public Service
Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay a CXlntribution in the amount of ~ prior to FPL's initiating the requested installation or modification.
3. To purchase from FPL all of the electric energy used for the operation of the Street Lighting System.
4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's cunently elJective street lighting rate schedule on file at the
FPSC or any successive street lighting rate schedule approved by the FPSC. for facilities and service provided in accordance with this
agreement.
5. To provide access, final grading and, when requested, good and sufficient easements, suitable CXlnstruction drawings showing the location of
existing and proposed structures, identification of all non-FPL underground facilities within or near pole or trench locations, and appropriate
plats necessalY for planning the design and completing the CXlnstruction of FPL facilities associated with the Street Lighting System.
6. To perform any clearing, CXlmpacting, removal of stumps or other obstructions that CXlnftict with CXlnstruction, and drainage of rights-of-way or
easements required by FPL to accommodate the street lighting facilities.
Pa&c 1 of2
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l6G 2 .
IT IS MUTUALLY AGREED THAT:
7. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of
an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined
as the following:
a. the addition of street lighting facilities:
b. the removal of street lighting facilities; and
c. the removal of street lighting facilities and the replacement of such facilities with new facilities and/or additional facilities.
Modifications will be subject to the costs identified in FPL's currently effective street lighting rate schedule on file at the FPSC, or any
successive schedule approved by the FPSC.
8. FPL will, at the request of the Customer, relocate the street lighting facilities covered by this agreement, if provided sufficient right-of-ways or
easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation
of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocation.
9. FPL may, at any time, substitute for any luminairellamp installed hereunder another luminaireJlamp which shall be of at least equal illuminating
capacity and efficiency.
10. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend thereafter
for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any extension thereof.
The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement.
This Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless either party shall have
given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not
less than ninety (90) days before the expiration of the initial ten (10) year term, or any extension thereof.
11. In the event street lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination or
breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities
provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the
FPSC) plus removal cost.
12. Should the Customer fail to pay any bUIs due and rendered pursuant to this agreement of otherwise faU to perform the obligations contained in
this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy or
service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of FPL to
exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric
energy or service shall not constitute a breach of this Agreement by FPL, nor shaH it relieve the Customer of the obligation to perform any of
the terms and conditions of this Agreement.
13. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by
strikes, lockouts, fires, riots, ads of God, the public enemy, or by cause or causes not under the control of the party thus prevented from
compliance and FPL shall not have the obligation to furnish service if it is prevented from complying with this Agreement by reason of any
partial, temporary or entire shut-down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose of repairing or
making more efficient all or any part of its generating or other electrical equipment.
14. This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and FPL, with
respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any
rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties.
15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
16. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the
Rules of the FPSC, as they are written. or as they may be hereafter revised, amended or supplemented. In the event of any conflict between
the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC
Rules shall control, as they are now written. or as they may be hereafter revised, amended or supplemented.
IN WITNESS WHEREOF. the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to
be effective as of the day and year first written above.
Charges and Terms Accepted:
- FLORIDA POWER & UGHT COMPANY
By: By:
SlQnature (Authorized Representative) (Signature)
'"'b()N""~ ".;f7l.f\~ Jeff Brvant
.' t ':, ~.:.' . (Print or name) (Print or type name)
nle: C\-\.~):)~ ~.{\'~! '/~C~ Title: Construction Services ReDresentative
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, " 1!:dJ: 'jr · [tj"",ClenCY
I'8Ao 20(2 ~ounty Attorney
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16G 2
FP&L Work Order Number: 3505691
FP&L
STREET LIGHTING AGREEMENT
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ATTEST: ""7')' t' ,1)[;l BOARD OF COUNTY COMMISSIONERS OF
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DWIG~E: 'BRO'.K.,:..... ':~~_. COLLIER COUNTY, FLORIDA
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DONNA IALA, CHAIRMAN
Heidi Ashton-Cicko, Assistant County Attorney
Assistant County Attorney
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